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Yes, that about sums it up!
I remember one law prof. who used to always challenge us with “what if” scenarios that were so unlikely that you would have to send the data to NASA for them to calculate the odds of something so strange happening.
In my experience its usually the overly outraged students that come up with intricate and elaborate hypothetical that serve only to confuse the rest of us.
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DCLawStudent: You’re right. I get frustrated with the classmates who love to make up rediculous hypotheticals instead of asking straightforward questions. Luckily teachers catch on and just answer the underlying question.
Better the over-done hypotheticals than the TMI personal stories…
“When I got MY temporary restraining order…”
I don’t think that hypo’s difficult. Just take it back to first principles of why we punish someone (retribution, incapacitation, rehabilitation, deterrence) and briefly show that a retributive theory is basically the only one that justifies keeping the person in prison.
Then discuss how there is a difference in punishing someone “because they broke the law” and “because they acted in a manner we have decided is so bad that we actually have given ourselves the authority to act against by making it against the law.”
Then point out we don’t punish people for breaking the law. We punish people for committing a bad act (see aggravating factors, etc.) and the fact that it is illegal is the legal justification for depriving the person of liberty.
More could be said, but that’s sufficient to get the professor off your back and your classmates hating you for being a tool. ;)
deer kyle: yor bref stink becuz u talk too much .
March 11, 2009 at 11:58 am
I remember one law prof. who used to always challenge us with “what if” scenarios that were so unlikely that you would have to send the data to NASA for them to calculate the odds of something so strange happening.”
We HAVE to have had the same professor. My professor once concocted a scenario wherein a student walked into class, saw a giant box with a red button labeled “do not press,” proceeded to press it anyway, and a laser beam was shot off the top of a building in china killing someone. I swear.
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